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(영문) 서울중앙지방법원 2020.11.20 2020나23928

구상금

Text

1. Of the judgment of the first instance court, KRW 6,150,000 against the Plaintiff and its related thereto from June 13, 2019 to November 20, 2020 against the Defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to D vehicles (hereinafter “Plaintiff vehicle”), and the Defendant is the user of the E vehicle (hereinafter “Defendant vehicle”).

B. On November 13, 2018, around 10:17, when the Plaintiff’s vehicle was moving by right from the second-lane road near the 2-lane road in Sungnam-si, Chungcheongnam-si, the previous Defendant’s vehicle moved before the Plaintiff’s vehicle before treatment and shocked the front part of the Plaintiff’s vehicle’s right side to the left side (hereinafter “the instant accident”).

C. On June 12, 2019, the Plaintiff paid KRW 9,000,000,000, excluding the self-paid cost of KRW 500,000 as the cost of repairing the Plaintiff’s vehicle.

[Reasons for Recognition: Facts without dispute, Gap 1 through 5 evidence, Eul 1 through 5 evidence (including each number in the case of additional evidence), the purport of the whole pleadings and arguments]

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred is moving by right from the first lane, which is left left by the Defendant’s vehicle while the Plaintiff’s vehicle was moving by right from the second lane.

Plaintiff

It is caused by shocking the vehicle, which is caused by the negligence of the defendant vehicle.

B. The Defendant’s assertion that the instant accident occurred is difficult to enter the right side of the Defendant’s vehicle while the Defendant’s vehicle, which is a large vehicle, is prior to treatment.

It is caused by the negligence of the plaintiff vehicle.

C. Determination 1) When a driver of any motor vehicle intends to make a right-hand turn at the intersection, he/she is required to pass the right-hand side of the road in advance (Article 25(1) of the Road Traffic Act and the overall purport of the arguments as seen earlier are as follows: ① The road in which the instant accident occurred is a two-lane road and the left-hand turn-hand turn-hand turn-hand turn-on; ② the two-lane is a two-lane road in which the Plaintiff and the Defendant are the vehicle.